[Congressional Record Volume 149, Number 2 (Wednesday, January 8, 2003)]
[Extensions of Remarks]
[Page E13]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                       FLAG PROTECTION AMENDMENT

                                 ______
                                 

                     HON. RANDY ``DUKE'' CUNNINGHAM

                             of california

                    in the house of representatives

                        Tuesday, January 7, 2003

  Mr. CUNNINGHAM. Mr. Speaker, I rise today to reintroduce legislation 
which would amend the Constitution to prevent desecration of the 
American flag. This measure is identical to H.J. Res. 36, which I 
sponsored in the last session of Congress, and language adopted by the 
House four times. It is necessary to restore protections for the symbol 
of our nation and all its honored traditions, which were sadly wiped 
away in the 1989 Supreme Court ruling on Texas v. Johnson.
  In that fateful 5-4 ruling, the Court cast aside longstanding 
national laws and 48 state laws recognizing the flag's special status 
and honoring its place in American society--ruling that its desecration 
is protected under the First Amendment. For those who see our flag as a 
revered symbol of freedom and the great sacrifices that were made to 
sustain it at home and abroad, that decision was a horrible affront--
and the call to action was immediate.
  Inspired to preserve our national trademark and unalloyed symbol of 
unity, Congress quickly moved to pass a law restoring flag protections. 
But in its 5-4 ruling on United States v. Eichman in 1990, the Supreme 
Court once again found that flag protections were inconsistent with 
free expression rights accorded under the First Amendment. That ruling 
made it clear that restoration of flag protections would require a 
Constitutional Amendment.
  Since that ruling, the House has four times passed a Flag Protection 
Constitutional Amendment with well over the two-thirds majority 
required. The Senate has also acted, failing to achieve the two-thirds 
votes necessary to move the amendment forward to the states for 
ratification by a mere handful of votes. Since that time, our nation 
has endured some of its most difficult challenges and we have been 
reminded once again how important the flag is in unifying our nation, 
demonstrating our resolve and honoring those who have sacrificed to 
protect the lives and liberties of the American people.
  Each color on the flag, each star and each stripe evokes emotion in 
me, and together they stand as a symbol of everything I believed in 
about this country when I fought to defend it. When I heard that some 
in my country were opposing my military's involvement in Vietnam, that 
flag reminded me of our tolerance for differences and our endurance 
through unity. It was a steady symbol of the liberties we enjoy--a way 
of life that should be protected for future generations and defended 
for others who aspire to it. From the soldier deployed or detained 
abroad to the policemen and firefighters protecting citizens in 
communities, it has stood as a symbol of the country we love, the 
reason we serve and most important, the sacrifices that have been made.
  There have been several major incidents of flag burning since the 
Court ruling in 1990. These incidents tear at me, and represent a 
direct attack on all I hold dear about this country. The Constitution 
was not designed to protect actions which jeopardize others' rights, 
and the government has long acted to restrict speech and conduct that 
could cause harm to others. Those who want to express their anger 
against this country have options that don't involve destroying the 
sacred symbol that belongs to all citizens.
  At a time when we are faced with increasing youth violence and 
cultural breakdown, restoring our most recognized sign of unity would 
be a positive step in the right direction--providing a steady reminder 
that living free comes with responsibility to respect others. Since 9-
11, the flag has come to represent even more for all Americans and a 
reminder of those who were lost protecting us. Allowing its desecration 
is an insult to all those who perished.
  Mr. Speaker, the state of Israel has laws protecting not only its 
flag, but the flags of its allies as well. It is inexplicable to me 
that the United States is being told by its courts to tolerate such 
acts of hatred and violence against its flag when our allies go to such 
great lengths to protect it. Over seventy-five percent of Americans 
consistently agree: the time to restore protections for our flag is 
long overdue. I ask my colleagues to join me in support of this 
Constitutional Amendment, and to move it back to the American people 
for speedy ratification.

                          ____________________